Professional Documents
Culture Documents
tion - act of formally adapting a foreigner into the political body of the state and clothing
1. For the same offense - the protection is against double jeopardy for the same offense and not him with the rights and privileges of citizenship.
the same act, provided that he is charged with a different offense.
2. For the same act - double jeopardy of punishment for the same act. Ways of acquiring citizenship by Naturalization
1. By judgment of the court - the foreigner who wants to become a Filipino must apply for
Section 22: No ex post facto law or bill of attainder shall be enacted. Naturalization with the proper Regional Trial Court.
2. By direct act of Congress - our law making body simply enacts an act directly conferring
Ex post Facto Law - An ex post facto law is one which operating retrospectively: citizenship on a foreigner.
1. Makes an act done before the passage of a law; 3. By administrative proceedings - under R.A.No.9139 (Jan.8, 2001)known as the “Administrative
2. Aggravates crimes or makes it greater than when it was committed; naturalization Law of 2000”, aliens born and residing in the Philippines may be granted
3. Changes the punishment and inflicts a greater punishment than what the law annexed to the citizenship by administrative proceedings by a special committee on Naturalization.
crime, when committed; or
4. Alters the legal rules of evidence, and receives less testimony from what the law required at the Section 2: Philippine citizenship
time of the commission of the offense, in order to convict the offender.
Kinds of Citizen under the Constitution
Characteristic of Ex post facto Law 1. Natural born citizen:
• They relate to penal and criminal matters only - who at the moment of their birth are already citizens of the Philippines
• Retroactive in their operation - do not have to perform any act to acquire his Filipino Citizenship
• They deprive the person accused of crime of some protection or defense previously available to 2. Citizen at the time of adoption of the new Constitution - refer to those who are considered
their advantage. citizens of the Philippines under the 1973 Constitution at the time of the adoption of the new
constitution.
Bill of Attainder - legislative act which inflicts punishment without a judicial trial, if the punishment is 3. Citizen through election - refers to those born on Filipino mothers before Jan. 17, 1973, who
less that death, the act is called bill of pains and penalties. upon reaching the age of majority, elect Philippine citizenship after the ratification of the 1973
Constitution.
ARTICLE IV: CITIZENSHIP 4. Naturalized citizens - refers to those who were originally citizens of another country but who, by
an intervening act( naturalization), have acquired new citizenship in a different country.
Section 1: The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution; Section 3: Philippine citizenship may be lost or reacquired in the manner provided by law.
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon Loss of citizenship
reaching the age of majority; and 1. Voluntarily - it is called expatriation
4. Those who are naturalized in accordance with law • By naturalization in a foreign country
• By express renunciation of citizenship
Citizen - a person having the title of citizenship. He is a member of a democratic community who • By subscribing to an oath of allegiance to a foreign country
enjoys full civil and political rights. • By rendering service to or accepting commission in the armed forces of a foreign country
• To exercise rights responsibly and with due regards for the rights of others Law - refers to statutes which are the written enactments of the legislature governing the relations of
- Exercise of rights to prejudice others not permissible the people among themselves or between them and the government and its agencies.
- Right to liberty not absolute
Scope of legislative power of Congress
• To engage in gainful work – employment is not the obligation solely of the State. 1. Plenary or General - a grant of legislative power means the grant of all legislative power for all
- Duty to be a useful and productive member of the society purposes of civil government.
- Duty to work hard 2. Legislative powers not expressly delegated deemed granted - the delegated power of our
Congress are broader than the legislative power of American Congress
• To register and to vote
- duty to vote responsibly Two Classification of Power of Congress
- duty to guard and protect the integrity of his vote Primary function of Congress is to legislate
1. General Legislative Power - power to enact laws intended as rules of conduct to govern the
ARTICLE V: SUFFRAGE relationship among individuals and the State.
2. Specific Power - powers which the Constitution expressly directs or authorizes Congress to
Section 1: Suffrage may be exercised by all citizens of the Philippines at least eighteen years of age exercise like the power to choose who shall become President in case two or more have the
Suffrage - Is the right and obligation to vote of qualified citizens in the election of certain national highest or equal number of votes to confirm certain appointment by the President.
and local officers of the government and in the decision of public questions submitted to the people. 3. Implied Power - they are those essential or necessary to the effective exercise of the powers
expressly granted. Like the power to conduct inquiry and investigation in aid of legislation to
Nature of Suffrage: punish for contempt and to determine the rules of its proceedings.
1. A mere privilege - not a natural right of the citizen but merely a privilege to be given or withheld 4. Inherent Power - powers which are possessed and can be exercised by every government
by the law making power subject to constitutional limitations. because they exist as an attribute of sovereignty.